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Criminal conviction - Please help

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  • Criminal conviction - Please help

    I am in my H1 visa working for a company for the past four years. My visa expires in Jul'03 and can be extended for one more year. Also I have applied for my green card which is in Labor clearance stage. Unfortunately, I was arrested for 5th degree domestic assault a month back(first arrest). After consulting immigration attorney, my criminal attorney negotiated for "disorderly conduct" which is a misdaemenor charge. So, I was convicted of disorderly conduct with one week in jail + 1 year of probation. According to INS rules, it is a Moral turpitude, but well within the limit of not getting deported or inadmissible. I would like to know how it affects the following :

    1. Travel outside US as my job nature demands : I have to travel outside US as my job demands. Will there be a problem at the port of entry? Will they check the criminal records in the primary check or just the visa status? Even if they pull the criminal record, will I be allowed to enter as I am falling well within the immigration rules? Do I need to carry any documentation about my arrest for proof?

    2. H1 extension or H1 transfer: Recently, I have heared a rule that INS is doing background checks against IBIS database for all the filings. Will it affect H1 transfer and H1 extension?

    3. Green card processing : Will I be able to get the green card?

    Thanks in advance for the help

  • #2
    You mentioned that you already consulted an immigration attorney before your criminal attorney negotiated the disorderly conduct. Go back to that attorney for follow-up questions b/c he/she is most familiar with you.

    FYI: A crime involving moral turpitude constitutes a ground of inadmissibility unless it is the only offense and qualifies as a petty offense. If the offense does not involve moral turpitude, then it won't lead to inadmissibility. The same goes for a single petty offense. Always have a copy of the disposition ready to present at inspection. Expect that you will have problems when seeking admission to the US and in future applications b/c your arrest is now a part of your record and will follow you. Never fail to disclose that you have been arrested when asked - lying on an application or to an INS officer will lead to bigger problems.


    • #3
      Thanks for the reply. Whether misdemeanor charges come under petty offenses? Please suggest me more as I need to make decision on the travel as well as H1 transfer. Your response is highly appreciated


      • #4
        why are you beating your wife?